District Judge Alison Nathan
In 2010 and 2011, CYI Inc. developed and began marketing two toy rockets with distinctive appearance and packaging. CYI brought claims against defendants connected to marketing of two rocket toys beginning in 2012, allegedly confusingly similar to the toys it marketed. Defendants sought transfer to the Middle District of Florida, arguing that operative facts relating to the design, development, and production of an infringing product occurred in Florida. They also noted that sales of the accused products and packaging are not limited to New York, and that sales in New York by them account for only 6 percent of the accused products to companies in the U.S. The court granted the defendants’ motion, finding that while there is only a minimal connection to New York, the evidence relating to the design and development of the accused product and packaging suggests that these events uniformly occurred in Florida. The court further concluded that Florida is the more convenient forum for the witnesses that have been specifically identified. The court also held that the documents and tangible evidence that the defendants are likely to produce are found or are most easily accessible in Florida.
